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Home > Military Injury Claims

Injury sustained in the course of military service can form the basis of a military injury claim requiring ATE insurance. Often the Ministry of Defence can be held liable for negligence leading to physical and psychological injuries, with damages being uncapped. At Temple, we insure a range of such negligent acts or omissions leading to injury, including:

  • Training and parachuting accidents
  • The provision of faulty or unsafe military equipment
  • The provision of unsafe military accommodation
  • Military road traffic or air accidents
  • Harassment, bullying and discrimination
  • Military medical negligence
  • Psychological injury sustained from service
  • Non-freezing cold injuries (NFCIs)

Why use Temple?

Temple offers a fully delegated authority scheme, giving you greater control over the process. Where refers are necessary, our underwriting team guarantee a 5-10 working day turnaround. Additionally, Temple can offer to coverholders integrated disbursement funding to claimants for court fees, expert reports and mediator fees. This gives claimants who would otherwise be unable to pursue their claim a financial platform to utilise.

Key benefits of Temple ATE insurance for military injury claims

  • Up to £250,000 of cover
  • Insurance policy inception and updates via our TOPS online portal, saving you time and money
  • Competitive premiums, deferred upon success and contingent on success; this means the premium is not payable in the event of an unsuccessful claim
  • Retrospective cover to the date of the retainer
  • Dedicated underwriting and claim teams to assist you throughout the process

We have considerable experience relating to the insurance of military-related PI and clinical negligence claims.

Recent case summary

Four claimants were subject to sexual harassment and continuous bullying from senior members in the MoD chain of command resulting in psychological injury. Another element of their claims was the failure to identify and treat the mental health issues arising from the bullying and harassment.

Your questions answered

What are the advantages of pursuing civil negligence claims against the MoD as opposed to claiming under the AFCS?

Although individuals may claim for compensation under the Armed Forces Compensation Scheme (AFCS), civil negligence claims, unlike those made under the AFCS, are not limited to a maximum award amount. Therefore, clients may be able to receive much higher compensation amounts through a civil claim.

What does Temple ATE insurance cover?
  • Our ATE insurance covers claimants from the liability of paying opponent’s costs from the date of the Pert 36 offer up to and including the trial
  • It also covers the disbursements incurred by the claimant such as court and expert fees.
  • It does not provide protection from failure to beat a Part 36 offer
Are there limits on experts’ fees and the number of experts we can instruct?
  • All disbursements must be reasonably incurred and we expect expert fees to be reasonable in comparison with their peers. You can instruct the reasonable number of experts from different disciplines as the case requires; we expect you to follow the advice of counsel and your lead experts in deciding how many experts are necessary.
  • If in doubt, a quick email or call to us can be made

Don’t just take our word for it

Click here to see what leading personal injury litigators say about our products and services.

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Contact our experts

If you would like more information on ATE insurance and disbursement funding for military-related claims or you have any other legal expenses queries, please email fraser.barnstaple@temple-legal.co.uk or call 01483 514414.

Fraser Barnstaple

Senior Underwriter

01483 514414

Fraser Barnstaple

Fraser is a Senior Underwriter within the Personal Injury, Clinical Negligence and Commercial teams.

Fraser joined Temple in May 2022 following the completion of his LLM Laws degree at University College London. Before that, he graduated in 2021 with a First-Class LLB Law (Hons) degree from the University of Leicester. Alongside his role at Temple, he currently studies part-time at City, University of London on the Bar Vocational Studies course with the assistance of various scholarships.

Fraser’s academic background has given him a vast knowledge base in numerous areas of law, which allows him to be versatile in dealing with whatever legal issues may arise. He strives to provide support throughout the legal process through a speedy, efficient and accurate underwriting service.